RESOLUTION

NO. _
A RESOLUTION TO SUPERSEDE AND REPLACE
RESOLUTION NO. 10.002

WHEREAS, there exists in the Town of Long Beach, Indiana, publicly

owned property and privately owned property adjacent to Lake
Michigan, which is a navigable waterway; and,

WHEREAS, there are a number of local Ordinances contained in the
Code of Ordinances of the Town of Long Beach, Indiana, which are
designed to regulate or prohibit activity on public and/or Town
property (hereinafter referred to as "PUBLIC PROPERTY
ORDINANCES"); and,

WHEREAS, the bed-meaning the land under the water ("Bed")--of Lake
Michigan adjacent to Long Beach, Indiana, is owned in trust by the state
of Indiana; and,

WHEREAS, disputes have arisen relative to the location and scope of
any public rights along the shores-meaning land not covered by water
("Shore")--of Lake Michigan in Long Beach, Indiana; and,

WHEREAS, these disputes can create issues regarding the enforcement
by the Long Beach Police Department of PUBLIC PROPERTY
ORDINANCES; and,

WHEREAS, it is desirable that a clear policy be established relative to
the enforcement of PUBLIC PROPERTY ORDINANCES on properties
adjacent to Lake Michigan in the Town of Long Beach, Indiana, both for
the benefit of private property owners, the general public and law
enforcement officials.

NOW THEREFORE BE IT RESOLVED, by the TOWN COUNCIL of the
Town of Long Beach, Indiana, that the following policy be and is hereby
adopted:

1. The Town of Long Beach, Indiana adopts the following as its policy
regarding the public rights concerning land abutting Lake Michigan in
Long Beach, Indiana;

a. That pursuant to The Northwest Ordinance of 1787, the navigable

waters, including Lake Michigan, leading into the Mississippi and St.
Lawrence and the carrying places between same shall be common
highways and forever free;

b. "Carrying Places" shall mean all those historically used places of
portage, including for the purposes of Long Beach Indiana, and the Lake
Michigan Shore within ten feet (10') of the water's edge;

c. "Water's Edge" shall mean that movable location at any given time
where the water of Lake Michigan touches the Shore;

d. "Forever free" shall mean the right by the citizens of Indiana to the
waters of Lake Michigan and shall include the right to traverse the
Carrying Places. Such public right to traverse the Carrying Places
permits only the right to travel across the Carrying Places and
nothing mote. It expressly, but without limitation, does not include
the right to stop, sit, camp, hunt, fish, sunbathe, anchor, disembark,
or otherwise use the Carrying Places for anything other than
merely traveling through. Moreover, the right to traverse/cross the
Carrying Places does not include the right to access the Carrying
Places by trespass. The Carrying Places may only be accessed by
legal means.

2. The Long Beach Police Department shall enforce PUBLIC PROPERTY
ORDINANCES in the Carrying Places against the general population, but
not against the property owner(s). The property owners maintain their
private property rights in the Carrying Places.

3. The Long Beach Police Department shall continue to enforce all state
and local statutes, Ordinances, rules and regulations within its
jurisdiction subject to the specific provisions of this policy and
otherwise defend private property rights outside of the public right
permitted in the Carrying Places.


This Resolution supersedes and replaces Resolution 10.002.
ALL OF WHICH IS APPROVED AND ADOPTED this
______ :,2012. day of



DR. ROBERT S. ANGELO
JANE STARR NEULIEB
PETER BYVOETS
ROBERT SCHAEFER, President
PATRICK MCDONALD


ATTEST:
WILLIAM DEFUNIAK
Clerk/Treasurer